City of Wildwood, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 98 §1, 9-1-1995]
A. 
A person shall not have in his/her possession, custody, or control any narcotic drug or marijuana as each is defined by the laws of the State of Missouri.
B. 
A person shall not sell, offer for sale, prescribe, administer, dispense, distribute, give, or offer to give to any person a narcotic drug or marijuana as defined by the laws of the State of Missouri.
C. 
This Section shall not apply to any person who may be specifically authorized by law to possess, sell, prescribe, administer, dispense, distribute or give away a narcotic drug or marijuana.
[Ord. No. 99 §§1—2, 9-1-1995]
A. 
Definitions. For purposes of this Section, the following definitions shall apply:
CONTROLLED SUBSTANCE
Includes "controlled substances" as defined in and enumerated by authority of the Controlled Substances Act.
CONTROLLED SUBSTANCES ACT
Chapter 195, RSMo., in effect upon the passage of this Section (September 1, 1995).
DRUG PARAPHERNALIA
Includes all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances Act. It includes, but is not limited to:
1. 
Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
3. 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
4. 
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
5. 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
6. 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
7. 
Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
9. 
Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
10. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
11. 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
12. 
Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b. 
Water pipes;
c. 
Carburetion tubes and devices;
d. 
Smoking and carburetion masks;
e. 
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f. 
Miniature cocaine spoons, and cocaine vials;
g. 
Chamber pipes;
h. 
Carburetor pipes;
i. 
Electric pipes;
j. 
Air-driven pipes;
k. 
Chillums;
l. 
Bongs;
m. 
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1.
Statements by an owner or by anyone in control of the object concerning its use;
2.
Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;
3.
The proximity of the object, in time and space, to a direct violation of the Controlled Substances Act;
4.
The proximity of the object to controlled substances;
5.
The existence of any residue of controlled substances on the object;
6.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he/she knows, or should reasonably know, intend to use the object to facilitate a violation of the Controlled Substances Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Controlled Substances Act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
7.
Instructions, oral or written provided with the object concerning its use;
8.
Descriptive materials accompanying the object which explain or depict its use;
9.
National and local advertising concerning its use;
10.
The manner in which the object is displayed for sale;
11.
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12.
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13.
The existence and scope of legitimate uses for the object in the community;
14.
Expert testimony concerning its use.
B. 
Possession, Manufacture, Delivery And Advertising Drug Paraphernalia.
1. 
No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act.
2. 
No person shall deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act.
3. 
No person shall place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
[Ord. No. 69 §1, 9-1-1995]
No person shall consume any beverage containing alcohol, in any percent, either by weight or by volume, on the streets, public walkways, or public parking lots within the City.
[Ord. No. 2265, 5-22-2017]
As used in Sections 210.380 through 210.390, the following words shall mean:
ELECTRONIC SMOKING DEVICE
Any device that can be used to deliver aerosolized or vaporized nicotine or other substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
SAMPLES
A tobacco product distributed to members of the general public at no charge for purposes of promoting the product.
TOBACCO PRODUCT
Any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. The term includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
VENDING MACHINE
Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products or electronic smoking devices.
[Ord. No. 164 § 2, 9-25-1995; Ord. No. 2265, 5-22-2017[1]]
A. 
It shall be unlawful to sell tobacco products, cigarette wrappers or rolling papers by means of any vending machine.
B. 
It shall be unlawful for any person to give, barter, sell, cause to be sold, buy for, distribute samples of or furnish tobacco products to any person under twenty-one (21) years of age.
C. 
A person selling or distributing tobacco products or tobacco product samples shall require proof of age from any prospective purchaser or recipient unless such person has reasonable and certain knowledge that the prospective purchaser or recipient is twenty-one (21) years of age or older.
D. 
If a sale of tobacco or tobacco products is made by an employee of an owner of an establishment in violation of this Section, the employee shall be guilty of violating this Section. If a vending machine is used in violation of Subsection (A) of this Section, the owner of the establishment shall be guilty of violating this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of violating this Section.
E. 
Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of this Section. No person shall be liable for more than one (1) violation of this Section on any single day.
[1]
Editor's Note: Ord. No. 2265 also changed the title of this Section from "Distribution of Tobacco and Tobacco Products Through Vending Machines — Prohibited" to "Distribution Of Tobacco And Tobacco Products Through Vending Machines Or To Persons Under Twenty-One (21) Years Of Age By Any Means — Prohibited."
[Ord. No. 2265, 5-22-2017]
A. 
It shall be unlawful for any person to give, barter, sell, cause to be sold, distribute, furnish or permit the sale or distribution of tobacco products, unless the premises upon which such items are sold or distributed prominently displays a sign which shall contain in red lettering at least one-half (1/2) inch high on white background:
"IT IS A VIOLATION OF THE LAW FOR TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO BE SOLD TO ANY PERSON UNDER THE AGE OF 21."
B. 
The sign referred to in Subsection (A) of this Section shall be obtained pursuant to Section 602.300 of the St. Louis County Code of Ordinances.
[Ord. No. 117 §1, 9-1-1995]
A. 
Furnishing Cigarette Papers To Any Person. No individual, corporation, partnership or other entity or their employees shall sell or supply "cigarette papers", said being defined as papers identified as being able to be used to wrap tobacco or any tobacco product which is not pre-wrapped within the City limits.
B. 
Possession By Any Person. No person shall purchase, attempt to purchase or have in his/her possession any cigarette papers within the City limits.
C. 
Unlawful To Consume On Premises. It shall be unlawful for any merchant or keeper of any place of business in the City, or the employees of such merchant or keeper, to permit any person to use cigarette wrappers to wrap tobacco on the premises on which the business is conducted, any cigarette papers.